FSM v Shiro [2018] FMSC 48; Criminal Case 2016-1503 (11 June 2018)

IN THE SUPREME COURT OF THE
FEDERATED STATES OF MICRONESIA

TRIAL DIVISION - STATE OF CHUUK

CRIM. CASE NO. 2016-1503
FEDERATED STATES OF MICRONESIA
Plaintiff

v.

LUCKY SHIRO, ONSORI SINO, TAISIRO LOVES, and KACHURA ANGKEN,
Defendants.

JUDGMENT OF CONVICTION;

GENERAL FINDINGS; AND SET SENTENCING

This matter came before the Court on June 7, 2018 for the rendering of the verdict. Assistant Attorney Generals Abigail Avoryie and Craig Reffner, Esq. appeared for the Federated States of Micronesia. Chief Public Defender Lorrie Johnson-Asher, Esq. represented the Defendant Taisiro Loves who appeared personally in court. Assistant Public Defender Bethwell O'Sonis, Esq. represented the Defendant Lucky Shiro who appeared personally in court. Assistant Public Defender Timoci Romanu, Esq. represented the Defendant Kachura Angken who appeared personally in court. Assistant Public Defender Charleston Bravo represented the Defendant Onsori Sino who appeared personally in court.

A trial was held on June 6, 2018 for all four of the Defendants with oral closing arguments presented on June 6, 2018. During trial, the testimony of one witness for the Government and the entry into evidence of one exhibit for the Defendant Onsori Sino (Defendant Sino's Exhibit A). No witness testimony was taken for the four Defendants.

After the close of the Government's case on June 6, 2018, the Defendants moved for Rule 29 judgments of acquittal upon the respective counts being charged against each of the Defendant's. Upon resuming trial on June 6, 2018, the Court denied the Rule 29 motion as to Counts I, IV, V, and VIII, and granted the respective Defendants' Rule 29 motions on Counts II, III, VI, VII, and IX. The Defendants then proceeded with their case in chief. No witness testimony was taken for any of the four Defendants. On June 6, 2018, the Court then heard oral closing arguments and the Government and the Defendants submitted their case. On June 7, 2018, the Court rendered its General findings, no special findings having been requested.

Based on the testimony of the witnesses, all of the evidence presented, and the arguments of counsel, the Court's general findings, no special findings having been requested, are as follows:

As to Count I - which is the charge against the Defendant Onsori Sino of trafficking in children in violation of 11 F.S.M.C. 612 and 616 - the Court finds that - based upon the testimony of the witness, (with the Court being able to judge the demeanor and credibility of the witness), the other evidence placed before the Court, and the arguments of counsel - the Court hereby finds that the Government has met it's burden of proving beyond a reasonable doubt all of the necessary elements of the offense charged and hereby finds the Defendant Onsori Sino guilty under Count I of the Information.

As to Count IV - which is the charge against the Defendant Kachura Angken of trafficking in children in violation of 11 F.S.M.C. 612 and 616 - the Court finds that - based upon the testimony of the witness, (with the Court being able to judge the demeanor and credibility of the witness), the other evidence placed before the Court, and the arguments of counsel - the Court hereby finds that the Government has met it's burden of proving beyond a reasonable doubt all of the necessary elements of the offense charged and hereby finds the Defendant Kachura Angken guilty as charged under Count IV of the Information.

As to Count V - which is the charge against the Defendant Taisiro Loves of trafficking in children in violation of 11 F.S.M.C. 612 and 616 - the Court finds that - based upon the testimony of the witness, (with the Court being able to judge the demeanor and credibility of the witness), the other evidence placed before the Court, and the arguments of counsel - the Court hereby finds that the Government has met it's burden of proving beyond a reasonable doubt all of the necessary elements of the offense charged and hereby finds the Defendant Taisiro Loves guilty as charged under Count V of the Information.

As to Count VIII - which is the charge against the Defendant Lucky Shiro of trafficking in children in violation of 11 F.S.M.C. 612 and 616 - the Court finds that - based upon the testimony of the witness, (with the Court being able to judge the demeanor and credibility of the witness), the other evidence placed before the Court, and the arguments of counsel - the Court hereby finds that the Government has met it's burden of proving beyond a reasonable doubt all of the necessary elements of the offense charged and hereby finds the Defendant Lucky Shiro guilty as charged under Count VIII of the Information.

With the Court's verdict being entered, the Court asked the Justice Ombudsman how much time would be necessary to complete a pre-sentence report on Defendants. The Ombudsman stated a report can be completed in three (3) weeks. The Court then consulted the counsel for the Defendant's and it was agreed that sentencing would be set for Wednesday, August 8, 2018 at 9:30 a.m. at the FAS Supreme Court in Weno, Chuuk.

The Court then addressed Defendants and their counsel to ensure Defendants understood the Court's verdict and the scheduling of sentencing, and if they have any questions.

NOW THEREFORE IT IS HEREBY ORDERED that the Court will impose Defendants' sentences on Wednesday, August 8, 2018 at 9:30 a.m. at the FSM Supreme Court in Weno, Chuuk. Defendants shall personally appear at their sentencing. Defendants shall remain subject to the latest pre-trial release conditions imposed by order of the Court until the time of their sentencing. The Justice Ombudsman shall serve the pre-sentence report on the parties at least 72 hours in advance of the August 8, 2018 sentencing.

SO ORDERED the 11th day of June, 2018.

Dennis K. Yamase
Chief Justice

ENTERED this ........... day of June, 2018

Sandy A. Albert
Chief Clerk of Court